The Country Home - Thinking of moving to the West Country?
Maybe you want to escape the rat race or have enjoyed great holidays here. One thing is clear, the South West is a fantastic place to live, and to prove it we have one of the highest rates of inward migration in the whole country.
Who can be surprised?
A house in the country can be idyllic. Once you have decided on the location, size, price, proximity to schools, shops and pubs, broadband access and so on, there may be extra considerations. Whilst urban-urban migration has similar legal issues, urban-rural migration generally brings with it an increased legal checklist.
A country location could pose questions on access rights, commons land, chancel repair considerations, private drainage, single farm payments, agricultural property relief…the list goes on. As a property solicitor dealing with houses in the South West I have experience of all these and more!
One of the legal cornerstones of any property purchase is the latin adage “caveat emptor” or “buyer beware”. Every buyer must satisfy themselves that all aspects of a purchase have been explored. Just because the property has not changed hands for several years does not lessen the need to make all the right enquiries.
Your solicitor may want to confirm whether there are any nearby footpaths which might cross your property and affect your privacy, whether the property abuts a publicly maintained highway and that access does not need to cross third party land,
whether the property is served by mains drainage and water (and if not, details of the private drainage, and the quality, source and pressure of the water).
Enquiries will also include whether access to the property is over common land (bringing with it complex legal consequences), whether the seller has applied for and received the Single Farm Payment, or whether there may be an agricultural tie on the land which, in planning terms, may limit what activities you are able to carry out at the property.
Radon gas is a common regional matter affecting the South West. Purchasers’ solicitors, who are based out of the South West, often ask extensive legal questions. In fact, large tracts of Devon and Cornwall experience this naturally occurring gas, which if not allowed to disperse, can build up into concentrations that may affect your health. The gas can be detected by using test kits from organisations such as the National Radiological Protection Board but it is possible to alleviate the problem through venting. Most people generally take a view on the problem at the time of purchase.
Perhaps the latest hot topic is a homeowner’s possible legal liability to contribute towards the costs of repairing the chancel in a nearby church. A change in the Land Registration Act in 2002 means this obligation needs to be publicly registered before 2013. Therefore, the Church Commissioners are actively reviewing their records to flush out all affected properties. According to one estimate 38,000,000 acres of land in this country may be liable, and there has already been a case where a family received a bill for £95,000! Do not assume there is no liability, and a chancel search should always be carried out if there is any doubt.
On a practical level, if your new home has a shared private access then talking to your neighbour about its maintenance will make sure there are no hidden surprises when you move in. Similarly if you have a private water source then ask for copies of the water test or arrange for a new one to be carried out.
Living in the country can be idyllic. With professional support from your solicitor, the additional rural legal considerations can easily be dealt with and allow you to live your dream.
Published 29/06/2007. The author of this article is Alastair Hargreaves
